Patna High Court
PINTU JHAversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is dead and no near relative has applied for leave to continue.
Summary
The appellant, Pintu Jha, filed a criminal appeal (DB) No.490 of 2002 before the Patna High Court. During the pendency of the appeal, the court received a death certificate confirming that the appellant had died. The court examined Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), which provides for abatement of proceedings when a party dies and no near relative seeks leave to continue. No near relative filed any application for leave to proceed with the appeal. Consequently, the court held that the appeal could not continue and ordered it to stand abated and be disposed of. The trial court record was directed to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue when the appellant is deceased and no near relative applies for leave to continue the appeal under Section 394 CrPC/Section 435 B.N.S. 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.490 of 2002
======================================================
Pintu Jha, Son of Gulab Kant Jha, Resident of Mohalla- Durgabari, P.S.- Civil
Lines, Dist.- Gaya.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rama Kant Sharma, Adv.
For the Respondent/s : Mr. Kapil Deo Singh, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Report No. 281 dated 05.02.2026 of the
Senior Superintendent of Police, Gaya Ji along with the Report
dated 26.01.2026 of the S.H.O., Civil Lines Police Station, Gaya
Ji as well as the Certificate of Death dated 24.01.2026 of the
Ward Councilor of Ward No. 23, Gaya Municipal Corporation,
Gaya Ji; wherein it is indicated that the sole appellant, namely,
Pintu Jha, is dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
Patna High Court CR. APP (DB) No.490 of 2002(3) dt.13-05-2026
2/2
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
shivank/-
U T
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